There are certain steps you should take after a pedestrian accident in Indiana, to ensure your safety and preserve your rights:

• Seek professional legal assistance
• Seek medical assistance immediately
• Document your injuries
• Call the police
• Do not discuss fault on the scene or with the motorist’s insurance company
• Contact your insurance company

Determining fault for an accident heavily depends on the circumstances surrounding the collision. It’s not uncommon for the motorist to claim the pedestrian was jaywalking to get out of trouble when in reality they did not see the pedestrian because they were distracted. 

Only a thorough investigation can truly determine fault, that’s why you need an experienced personal injury attorney fighting for you.

In Indiana, any driver who was distracted or not following road laws can be held liable for damages the victim suffered. An experienced Indiana personal injury attorney can help you receive the compensation you deserve. Some of the most common types of pedestrian accident injuries include:

• Traumatic brain injuries
• Cuts
• Bruises
• Sprains
• Broken bones
• Spinal cord injuries

To qualify for compensation after an accident, you must abide by the rules of the road. Some of the most common causes of pedestrian accidents in Indiana include:

• Accidents involving the elderly
• Distracted driving
• Driving under the influence of alcohol or drugs
• Left-hand turns
• Reckless driving at crosswalks
• Residential accidents involving children

A report by the NHTSA found that a majority of pedestrian accidents occurred in urban areas or segments of the road without any intersections. Some more common areas where pedestrian accidents occur include driveways, medians, shared paths, and bike lanes.

Yes, a pedestrian may carry liability after an accident if they were acting negligently or carelessly, or if they were under the influence of drugs or alcohol. Additionally, they may be held liable if they were crossing a sidewalk or jaywalking at night.

Drivers on the road must maintain a duty of care for children in the same way they do for all other motorists and pedestrians on the road. When a driver fails to maintain this duty of care, they can be held liable for the child’s injuries.

There is no set dollar amount for damages when it comes to pedestrian accidents in Indiana. Some cases may be worth thousands of dollars, while others may be worth substantially more. Some damages you can expect to recover include:

• Pain and suffering
• Medical bills
• Replacement income during recovery
• Lost future income if your injury keeps you from working

For your protection, it’s best to be familiar with all of Indiana’s pedestrian laws. This will ensure you know what to expect when you take your claim to court. Some important laws to remember include:

• Blind pedestrians – Motorists must always yield to a blind pedestrian with a clearly visible cane or guide dog.
• Overtaking a stopped vehicle at a crosswalk – If a vehicle has stopped at a marked crosswalk to yield to a pedestrian, another vehicle may not pass the stopped vehicle.
• Duty to obey traffic devices – All pedestrians must obey traffic control devices unless directed otherwise by a police officer.
• Crossing at a point not marked – If a pedestrian is crossing at an unmarked location, he or she must yield to traffic.
• When a sidewalk is unavailable – If a sidewalk is not available, a pedestrian may walk along the shoulder and as far as possible from the edge of the roadway; at this time, the pedestrian must yield to all vehicles.